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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The judgment below
Of them, compensation order.
Reasons
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. According to the court statement of the defendant ex officio judgment and the written application for compensation order B, etc., it is recognized that B, the applicant for compensation, by acquiring 3 million won from B, the defendant, who is the applicant for compensation, has suffered damage equivalent to the above amount.
However, according to the defendant's certificate of remittance request (96 pages of the trial record) submitted by the defense counsel of the court below and the reference documents submitted by the defense counsel of October 8, 2019, the defendant remitted one million won to B who is the applicant for compensation at the court below and two million won from the court below. Since the applicant for compensation of B is without merit, the part of the compensation order among the court below is no longer maintained.
3. Each of the instant crimes committed by the Defendant with the grounds for appeal is an unfavorable circumstance against the Defendant, such as the following: (a) the Defendant, under the pretext of contract for construction work, acquired a sum of KRW 32.75 million from the victim E; (b) the sum of KRW 61.6 million from the victim I to obtain employment; (c) the Defendant acquired a sum of KRW 3 million from the victim L with the intent to obtain employment; and (d) the nature of the crime is not very good in light of the content of deception and the amount of deceptive money; (d) the remainder, other than the extremely part of the said sum acquired from the victims, was satisfyd into his own living cost, etc.; and (e) the Defendant did not receive a letter from the victims because it was impossible to repay most
However, the fact that the defendant led to confession and reflect on each of the crimes of this case, and that the defendant repaid the victim E in the case of 2018 Godan2144 to the sum of 6.7 million won in the past, and that the defendant, in the first instance, remitted the sum of 6.6 million won in addition to the victim E, and agreed to repay the sum of 37.2 million won by January 5, 2020, and agreed with the above victim by the date of pronouncement, is in accordance with the above agreement.